IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 3, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
OVANNES AROUTIOUNIAN, DEFENDANT.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
MOTION TO DISMISS INDICTMENT AND ARREST WARRANT FILED AGAINST DEFENDANT OVANNES AROUTIOUNIAN AND ORDER
Plaintiff United States of America, by and through its undersigned counsel, and pursuant to Fed. R. Crim. P. 48, moves to dismiss the indictment and arrest warrant in the above-captioned action filed on August 29, 2001. Since filing the indictment, the government has not been able to locate the defendant and has come to believe that he fled the United States. In the meantime, the government no longer has significant evidence and the potential to secure witness testimony necessary for prosecution. Accordingly, the government is not able to proceed with the prosecution and submits this motion to dismiss the indictment and arrest warrant filed against the defendant.
DATED: June 2, 2009
Based on the motion of the government, and GOOD CAUSE APPEARING THEREFORE, the Court hereby orders that the indictment and arrest warrant filed against defendant Ovannes Aroutiounian on August 29, 2001, be and are hereby dismissed.
IT IS SO ORDERED.
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